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1956 N>?'<^^'

SUPPLEMENT ^^!

ELECTION LAWS

OF MONTANA

^

Compiled by

S. C. Arnold

Secretary of State

Helena, Montana

July 1, 1955

Published by authority.

Montana State Library

3 0864 1004 2498 8

NTENTS

Absentee or physically incapacHjpted voter:

Application for ballot, 23-1302-3,-7 Pages 16-17

School bond election, 75-3913 Page 17

Ballot: Columns and material to be printed

upon, 23-1109-10,-12 Pages 13-15

Cities and towns: Commission -Manager form,

dispensing of general election when, Chapter 75 Page 18

Committeemen, county and city central,

how elected, 23-929 Pages 10-12

County Budget System, limiting total emergency

expenditures, 16-907 Pages 3-5

Direct primary: date of holding, 23-902 Page 7

Election Notices, 23-903 Page 7

Judges and Clerks, 11-717 Page 3

Judges: District, 93-302 Page 18

Nominations: Petitions; filed when and where, 23-912 Page 10

form of, 23-911 Page 9

political parties, 23-909 Page 8

Polls: Time of opening and closing of, 23-1202 Page 16

Platform, State, candidates to formulate, 23-932 Page 12

Presidential electors and delegates, 23-1002 Page 12

Conduct of State Convention, 23-1007 ,... Page 13

Expenses: payment of convention, 23-1008 Page 13

Time of State convention, 23-1006 Page 12

Primary Election: date of, holding, 23-902 Page 7

Notices, 23-903 Page 7

Register of candidates, 23-913 Page 10

Registration of voters, 23-503 Page 5

Deputy registrars and compensation, 23-505 Page 6

Transfer of registration within county, 23-509 Page 6

School Bond Elections, conduct of, 75-3913 Page 17

Voting places, 11-717 Page 3

"11-717. Election Judges and Clerks — Voting Places. The council
or other governing body must appoint judges and clerks of election,
and places of voting. Where the city or town is divided into wards
there must be at least one (1) voting place in each ward and there
may be as many more as the council or other governing body shall fix,
and the elector must vote in the ward in which he resides. In cities
and towns divided into wards the election precincts must correspond
with the wards, but a ward may be subdivided into several voting
precincts, and when so divided the elector shall vote in the precinct
in which he resides. In cities and towns operating under the com-
mission, or the commission-manager plan of municipal government,
where there ai'e no wards for election purposes and the officers of the
city or town are elected at large, the election precincts shall corre-
spond with the election precincts in such city or town as fixed by the
board of county commissioners for state and county elections, but such
precincts may be by the city commission divided into as many voting
precincts, to facilitate the voting and counting of the vote, as the city
commission shall by ordinance provide, and the elector shall vote in
the voting precinct so designated, in which he resides. For all munici-
pal elections the city council or other governing body may appoint a
second or additional board of election jiidges for any voting precinct
in which there were cast three hundred and fifty (350) or more votes
in the last general city election or in which council or other governing
body believes as many as three hundred and fifty (350) ballots will be
cast in the next general city election, and such additional board of
election judges shall have the same powers and duties, and under the
same conditions, as the second or additional board of election judges
for general elections appointed by boards of county commissioners under
the provisions of section 23-601. Provided that in municipal corpora-
tions of less than one thousand five hundred (1,500) population, as
determined by the last official census, the council or other governing
body may by ordinance provide that there shall be but one polling or
voting place for municipal elections, notwithstanding the number of
wards or precincts in the municipality otherwise provided for. All
municipal elections must be conducted in accordance with the general
laws of the State of Montana relating to such election."

As amended by Chapter 14, Laws of 1955.

"Section 16-1907. (4613.6) EMERGENCY EXPENDITURES-
NOTICE AND HEARINGS — OBJECTIONS BY TAXPAYERS — AP-
PEAL—NOTICE AND HEARING DISPENSED WITH IN EXTREME
CASES— EMERGENCY WARRANTS— TAX LEVY— LAPSE OF AP-
PROPRIATIONS.

(1) In a public emergency, other than such as are hereinafter
specifically described, and which could not reasonably have been fore-
seen at the time of making the budget, the Board of County Commis-
sioners, by unanimous vote of the members present at any meeting,
the time and place of which all the Commissioners shall have had rea-
sonable notice, shall adopt and enter upon their minutes a resolution
stating the facts constituting the emergency and the estimated amount
of money required to meet such emergency and shall publish the same,
together with a notice that a public hearing will be held thereon at the
time and place designated therein, but which shall not be less than
one week after the date of said publication, at which any taxpayer
may appear and be heard for or against the expenditure of money for
such alleged emergency. Such resolution and notice shall be published
once in the official newspaper of the County, and if there be none
then in a newspaper of general circulation in the County.

(2) Upon the conclusion of such hearing, if the Commissioners
shall approve of such emergency expenditure, they shall make and
enter upon their official minutes, by unanimous vote of all of the mem-

—3—

bers of the Board present at such meeting^, an order setting forth the
facts constituting such emergency together with the amount of ex-
penditure authorized by them therefor, which order, so entered, shall
be lawful authorization for them to expend such amount, but no more,
for such purpose, subject however, to the following limitations: No
expenditures shall be made or liability incurred pursuant to said order
until five (5) days, exclusive of the day of entry of said order, shall
have elapsed, during which time any taxpayer or taxpayers of said
County feeling aggrieved by said order may appeal therefrom to the
District Court for such County by filing with the Clerk of such Court
a verified petition, a copy of which shall theretofore have been served
upon the County Clerk and Recorder of said County as the Clerk of
the Board of County Commissioners. Said petition shall set forth in
detail the objections of the petitioner or petitioners to said order,
giving their reasons why the said emergency does not exist. The ser-
vice and filing of such petition shall operate to suspend such emer-
gency order and the authority to make any expenditure or incur any
liability thereunder, until final determination of the matter by the
Court.

(3) Upon the filing of such petition the Court shall immediately
fix a time for hearing such petition which shall be at the earliest con-
venient time. At such hearing the Court shall hear the matter de
novo and may take such testimony as it deems necessary. Its pro-
ceedings shall be summary and informal and its determination as to
whether an emergency, such as is contemplated within the meaning
and provisions of this Act, exists or not, and whether the expenditure
authorized by said order is excessive or not shall be final.

(4) The total of all emergency budgets, and appropriations made
therein, in any one year, to be paid from the county poor fund shall
not exceed the amount which would be produced by a mill levy equal
to the difference between the mills levied in that year and the maxi-
mum mill levy authorized by law to be made for such fund, computed
against the taxable value of the property subject to such levy, as shown
by the last completed assessment roll of the County.

(5) Upon the happening of an emergency caused by fire, flood,
explosion, storm, earthquake, epidemic, riot, or insurrection, or for the
immediate preservation of order or of public health, or for the restora-
tion of a condition of usefulness of which has been destroyed by acci-
dent, or for the relief of a stricken community overtaken by calamity,
or in settlement of approved claims for personal injuries or property
damages, exclusive of claims arising from the operation of any public
utility owned by the County, or to meet mandatory expenditures re-
quired by law, the County Commissioners may, upon adoption by unani-
mous vote of all members present at any meeting, the time and place
of which all members shall have had reasonable notice, of a resolu-
tion stating the facts constituting the emergency, and entering the
same upon their minutes, make the expenditures or incur the liabilities
necessary to meet such emergency without further notice or hearing;
provided, that the aggregate total of all expenditures made or liabil-
ities incurred in any fiscal year to meet emergencies other than such
as are caused by fire, flood, explosion, earthquake, epidemic, riot or
insurrection, shall not exceed the sum of twenty-five thousand dollars
($25,000.00) in counties of classifications 1, 2, 3 and 4; fifteen thou-
sand dollars ($15,000.00) in counties of classifications 5 and 6, and
seven thousand five hundred dollars ($7,500.00) in counties of class-
ification 7 unless the excess above said sum shall first have been auth-
orized by a majority of the taxpaying freeholders of such County, who
are registered electors therein, voting at a general or special election.
The question of authorizing such excess expenditure shall be submitted
in the following form, inserting in the ballot the amount of the excess
proposed to be authorized and a description of the emergency to be
met:

"Shall the Board of County Commissioners of County,

Montana, be authorized to make additional expenditures and incur ad-
ditional liabilities in the amount of $ over and above
the sum of , to meet an emergency caused by

D Yes.

n No."

Notice of such election shall be given by posting notice thereof
at least fifteen (15) days before such election in three (3) public places
in each voting precinct within the County and by publishing such notice
for not less than ten (10) days before the date of such election.

(6) All emergency expenditures shall be made by the issuance
of emergency warrants drawn against the fund or funds properly
chargeable with such expenditures, and the County Treasurer is author-
ized and directed to pay such emergency warrants with any money in
such fund or funds available for such purpose, and if, at any time,
there shall not be sufficient money available in such fund or funds to
pay such warrants then such warrants shall be registered, bear in-
terest and be called in for payment in the manner provided by law for
other county warrants.

(7) The County Clerk and Recorder shall include in his annual
tabulation to be submitted to the Board of County Commissioners the
total amount of emergency warrants issued during the preceding fiscal
year, and the County Commissioners shall include in their tax levies
a levy for each fund sufficient to raise an amount equal to the total
amount of such warrants, if there be any, remaining unpaid at the
close of such preceding fiscal year because of insufficient money in
such fund to pay the same; provided, however, that no levy shall be
made for any fund in excess of the levy authorized by law to be made
therefor; and provided further, that the Board of County Commissioners
may submit the question of funding such emergency warrants at any
election, as provided by law, and if at any such election the issuing of
such funding bonds be authorized it shall not then be necessary for
any levy to be made for the purpose of paying such emergency war-
rants.

(8) All appropriations, other than appropriations for incompleted
improvements in progress of construction, shall lapse at the end of the
fiscal year; provided that the appropriation accounts shall remain open
for a period of thirty (30) days thereafter for the payment of claims
incurred against such appropriations prior to the close of the fiscal
year and remaining unpaid. After such period shall have expired, all
appropriations except as hereinbefore provided, regarding incompleted
improvements, shall become null and void, and any lawful claim pre-
sented thereafter against any such appropriation shall be provided for
in the next ensuing budget."

As amended by Chapter 207, Laws of 1955.

"23-503. (555) METHOD OF REGISTERING. Any elector re-
siding within the county may register by appearing before the county
clerk and ex officio registrar and making correct answers to all ques-
tions propounded by the county clerk touching the items of information
called for by such registry card, and by signing and verifying the af-
fidavit or affidavits on the back of such card. Any elector serving in
the armed services of the United States or in the Merchant Marines
of the United States, or who is a civilian outside the United States,
officially attached to and serving with the armed forces of the United
States, may register by appearing before any commissioned officer,
and make correct answers to all questions called for by such registry
card, and by signing and verifying the affidavit or affidavits on the

—5—

back of such card, and by mailing said card to the county clerk of the
county in which the said voter resides.

"If any person shall falsely personate another and procure the
person so personated to be registered, or if any person shall represent
his name to the county clerk or to the registration clerk or to any other
person qualified to register an elector, to be different from what it
actually is, and cause such name to be registered, or if any person shall
cause any name to be placed upon the registry lists otherwise than in
the manner provided in this Act, he shall be guilty of a felony, and upon
conviction be imprisoned in the State Penitentiary for not less than
one (1) nor more than three (3) years."

As amended by Chapter 83, Laws of 1953.

"Section 23-505. (557) Notaries and Justices of the Peace — Dep-
uty Registrars — Compensation. All notaries public and justices of the
peace are designated as deputy registrars in the county in which they
reside, and may register electors residing in any precinct within the
county and shall receive as compensation for their services the sum
of twenty-five cents (25c) for each elector registered by them, pro-
vided that they shall receive no cohipensation for their services where
the elector resides less than ten (10) miles from the county courthouse.
The County Commissioners shall appoint a deputy registrar, other
than notaries public and justices of the peace, for each precinct in the
county. Such deputy registrar shall be a qualified, taxpaying resident
elector in the precinct for which he is appointed and shall register
electors in that precinct, and shall receive as compensation for his
services the sum of twenty-five cents (25c) for each elector registered
by him. Each deputy registrar shall forward by mail, within two (2)
days, all registration cards filled out by him to the County Clerk and
Recorder."

As amended by Chapter 80, Laws of 1955.

"Section 23-509. (560) Transfer of Registration Within County.
Every elector, on changing his residence from one precinct to another
within the same county, may cause his registry card to be transferred
to the register of the precinct of his new residence, by executing in per-
son a registry card as described in Section 23-502 before the deputy
■registrar of the new precinct or before a notary public or justice of the
peace residing within the county, provided that the deputy registrar,
notary public or justice of the peace will receive no compensation for
this service, or by a request in writing to the County Clerk of such
county, in the following form:

"I, the undersigned elector, having changed my residence
from Precinct No. to Precinct No. in the County

of , State of Montana, herewith make ap-
plication to have my registry card transferred to the precinct
register of the precinct of my present residence. My registra-
tion number is

Dated at , on the day of , 19

"Whenever it shall be more convenient for any elector residing
outside of an incorporated city or town to vote in another precinct in
the same political township in the county, such elector may cause his
registry card to be transferred from the precinct of his residence to
such other precinct, by filing in the office of the County Clerk of such
county, at least thirty (30) days prior to any election, a request in
writing in the following form:

—6—

"I, the undersigned elector, herewith make application to

have my registry card transferred from Precinct No. ,

to the register of Precinct No. , in the County of ,

State of Montana. The reason why it is more convenient for
me to vote in said Precinct No. is that

Dated at on the day of , 19 .

"Where the elector desires to change his place of registration with-
in a oounty by a request in writing to the County Clerk as provided,
above, the County Clerk shall compare the signature of the elector
upon such written request, with the signature upon the registry card
of the elector as indicated, and may question the elector as to any of
the information contained upon such registry card, and if the County
Clerk is satisfied concerning the identity of the elector and his right
to have such transfer made, he shall endorse upon the registry card
of such elector the date of the transfer and the precinct to which
transferred, and shall file said card in the register of the precinct of
the elector's present residence, or of the precinct to which he has re-
quested that his registry card be transferred, and the County Clerk
shall in each case make a transfer of the elector's name, together with
all data connected therewith, to the proper precinct in the register.

"Where the elector changes his place of registration within a
county by executing a new registry card in the presence of a deputy
registrar, notary public or justice of the peace as provided in the first
paragraph of this Section, the County Clerk shall file said new card
in the register of the precinct of the elector's present residence and
shall make a transfer of the elector's name, together with all data
connected therewith, to the proper precinct in the register. The old
registry card shall be marked 'cancelled' and placed in the 'cancelled
file' described in Section 23-511."

As amended by Chapter 80, Laws of 1955.

"23-902. (632) DATE OF HOLDING PRIMARY ELECTION-
PURPOSE OF. On the first Tuesday of June, preceding any general
election not including special elections to fill vacancies, municipal
elections in towTis and cities, irrigation district and school elections, at
which public officers in this state and in any district or county are to
be elected, a primary nominating election shall be held in accordance
with this Act in the several election precincts comprised within the
territory for which such officers are to be elected at the ensuing elec-
tion, which shall be known as the primary nominating election, for the
purpose of choosing candidates by the political parties, subject to the
provisions of this Act, for United States Senators and Representatives,
in Congress and all other elective state, district and county officers,
and delegates to any constitutional convention or conventions that may
hereafter be called, who are to be chosen, at the ensuing election wholly
by electors within the state, or any subdivision of this state, for the
purpose of expressing preferences for candidates for President of the
United States, and also for choosing and electing county central com-
mitteemen and comraitteewomen by the several parties subject to the
provisions of this Act."

As amended by Chapter 266, Laws of 1955.

"Section 23-903. (633) Primary Nominating Election Notices.
It shall be the duty of the county clerk, twenty (20) days before any
primary nominating election, to prepare printed notices of such elec-
tion, and mail two of said notices to each judge and clerk of election

—7—

in each precinct; and it shall be the duty of the several judges and
clerks immediately to post said notices in public places in their re-
spective precincts. Said notices shall be substantially in the following
form:

PRIMARY NOMINATING ELECTION NOTICE

Notice is hereby given that on , the day

of ., 19 , at the , in the precinct

of , Montana, a primary nominating election

will be held at w^hich the (insert the names of political parties subject
to this law) will choose their candidates for state, district, county,
precinct and other offices, namely (here name the offices to be filled,
including a senator in congress, delegates to any constitutional conven-
tion then called, and candidates for county central committeemen to
be elected); which election will be held at ten o'clock A. M., and will
continue until eight o'clock P. M. of said day; provided that in precincts
ha\ing less than one hundred (100) registered electors the polls must
be opened at one o'clock in the afternoon of election day and must be
kept open continuously until eight o'clock P. M. of said day, when they
must be closed; provided further, that whenever all registered electors
in any precinct have voted the polls shall be immediately closed.

Dated this day of , 19

, county clerk."

As amended by Chapter 207, Laws of 1955.

"23-909 (639) POLITICAL PARTY NOMINATIONS MADE EX-
CLUSIVELY AS HEREIN PROVIDED. Every political party which
has cast three per centum (3^r) or more of the total vote cast for
Representative in Congress at the next preceding general election in
the county, district or state for which nominations are proposed to be
made, shall nominate its candidates for public office in such county,
district or state, under the provisions of this law, and not in any other
manner; and it shall not be allowed to nominate any candidate in the
manner provided by Section 23-801. Every political party and its
regularly nominated candidates, members, and officers, shall have the
sole and exclusive right to the use of the party name and the whole
thereof, and no candidate for office shall be permitted to use any word
of the name of any other political party or organization than that of
and by which he is nominated. No independent or non-partisan candi-
date shall be permitted to use any word of the name of any existing
political party or organization in his candidacy. The names of candi-
dates for public office nominated under the provisions of this law shall
be printed on the official ballots for the ensuing election as the only
candidates of the respective parties for such public office in like man-
ner as the names of the candidates nominated by other methods are
required to be printed on such official ballots.

Any political party that did not cast three per centum (3%) or
more of the total vote cast for Representative in Congress, as above,
and any new political party about to be formed or organized, make
nominations for public office as provided in Section 23-801. At the
primary election herein provided, of each year In which a President and
Vice-President of the United States are to be nominated and elected,
the several political parties recognized by the laws of this state shall
express their popular choice for the party nomination for the President
of the United States. That the names of persons desirous of becoming
candidates for President shall have their names placed on the primary
ballot, provided for herein, in the following manner:

—8—

1. Any person who is a candidate for the nomination of his party
for President of the United States, may, beginning- sixty (60) days
prior to the said June primary, and not later than forty (40) days
prior to said election, file with the Secretary of State, an affidavit of
candidacy, requesting that his name be entered on the president:al
primary ballot of his party, stating in said affidavit the name of his
party.

2. Beginning sixty (60) days prior to said primary election and
not later than forty (40) days prior to said election, there may be
placed on the ballot, by petition, filed with the Secretary of State,
the name of any person as a candidate for the nomination for the
presidency of the United States; provided, however, the candidate
whose endorsement is desired, shall be a member of a party that re-
ceived not less than five percent (5%) of the total number of votes
cast at the next preceding presidential election.

The said petition may consist of one (1) or more writings or pages
of signatures bound together, and shall include the following informa-
tion :

(a) The name of the candidate whose endorsement is desired,
and the name of the political party on whose ballot the name is to be
entered.

(b) A statement that the filing is made in good faith and for
the purpose of advancing the candidacy of the person whose name is
fUed.

The said petition shall contain signatures of electors of not less in
number than one percent (1%) of the number of votes cast at the next
preceding presidential election. After the signature of each elector,
there shall be written his post office address and the congressional
district in which he resides. Provided, however, that not more than
twenty percent (20%) of the number of required signatures shall be
electors of any one county.

That the names of the persons filed for candidates for President
in this Act, shall be printed on the primary ballots provided for by
Section 23-919 of the Revised Codes of Montana, 1947, in the following
form:

Candidates for President

□ John Doe
n Richard Doe
D

and that the said ballot shall be canvassed and counted in the manner
as provided by Section 23-921, Revised Codes of Montana, 1947.

As amended by Chapter 266, Laws of 1955.

"23-911. Form of petition for Nomination. The petition for nomi-
nation required by the preceding section shall be substantially in the
following form:

To (name and title of officer with whom petition is to

be filed) and to the members of the

party and the electors of the (state or counties of

comprising the district or county or city, as the case may be) in the
State of Montana;

I - .reside at and my

post office address is I am a candidate of the

—9—

party for the nomination for the office of

at the primary nominating election to be held in the

(State of Montana or district, or county or city) on the

day of , 19 , and if I am nominated

as the candidate of the party for such office I will

accept the nomination and will not withdraw, and if I am elected I will
qualify as such officer.

"If I am nominated and elected I will, during my term of office
(here the candidate, in not exceeding one hundred words, may state
any measure or principles he especially advocates).

Signature of Candidate for Nomination.

"Every such petition shall be signed as above by the elector seeking
such nomination."

As amended by Chapter 6, Laws of 1953.

"23-912. (644) Time for Filing Petitions for Nominations. All
petitions for nomination under this act for offices to be filled by the
state at large or by any district consisting of more than one (1) county,
and nominating petitions for judges of district courts in districts con-
sisting of a single county, shall be filed in the office of the secretary
of state not less than forty (40) days before the date of the primary
nominating election; and for other offices to be voted for in only one
(1) county, or district or city, every such petition shall be filed with
county clerk or city clerk as the case may be, not less than fort>- (40)
days before the date of the primary nominating election."

As amended by Chapter 19, Laws of 1955.

"23-913. Register of Candidates. The secretary of state, county
clerk and city clerk shall keep a book entitled 'Register of Candidates
for Nomination at the Primary Nominating Election,' and shall enter
thereon on different pages of the book for different political parties
subject to the provisions of this law, the title of the office sought and
the name and residence of each candidate for nomination at the pri-
mary election; the name of his political party; the date of receiving the
petition for nomination signed by the candidate; and such other in-
formation as may aid him in arranging his official ballot for said pri-
mary nominating election. Immediately after the canvass of votes
cast at a primary nominating election is completed, the county clerk,
secretary of state or city clerk, as the case may be, shall enter in his
book marked 'Register of Nominations,' the date of such entry, the
name of each candidate nominated, the office for which he is nominated,
and the name of the party making the nomination."

As amended by Chapter 6, Laws of 1953.

"Section 23-929 (662) COUNTY AND CITY CENTRAL COM-
MITTEEMEN, HOW ELECTED.

(1) There shall be elected by each political party subject to the
provisions of this Act, at said primary nominating election, two (2)
committeemen, one (1) of which shall be a man and one (1) of which
shall be a woman, for each election precinct, who shall be residents of
such precincts. Any elector may be placed in nomination for commit-
teeman and committeewoman of any precinct by a writing so stating,

—10—

signed by such elector, and filed in the office of the county clerk within
the time required in this Act for the filing of petitions naming indi-
viduals as candidates for nomination at the regular biennial primary
election. The names of the various candidates for precinct committee-
men and comniitteewomen of each political party shall be printed on
the ticket of the same in the same manner as other candidates and the
voter shall express his choice among them in like manner as for such
other candidates.

(2) The committeemen and committeewomen thus elected shall
be the representatives of their political party in and for such precinct
in all ward or subdivision committees that may be formed. The com-
mitteemen and committeewomen elected in each precinct in each county
shall constitute the county central committee of each of said respect-
ive political parties. Those committeemen and committeewomen who
reside within the limits of any incorporated city or town shall con-
stitute ex-officio the city central committee of each of said respective
political parties and shall have the same power and jurisdiction as to
the business of their several parties in such city matters that the count-
ty committee have in county matters, save only the power to fill va-
cancies in said committee, which power is vested in the county central
committee. Each committeeman and committeewoman shall hold such
position for the term of two (2) years from the date of the first meet-
ing of said committee immediately following their election.

(3) In case of a vacancy happening, on account of death, resig-
nation, removal from the precinct, or otherwise, the remaining members
of said county committee may select a committeeman or committee-
woman to fill the vacancy and he shall be a resident of the precinct
in which the vacancy occurs. Said county and city central committees
shall have the power to make rules and regulations for the government
of their respective political parties in each county and city, not in-
consistent with any of the provisions of this law, and to elect two (2)
county members of the state central committee, one (1) of which shall
be a man and one (1) of which shall be a woman, and the members of
the congressional committee, and said committee shall have the same
power to fill all vacancies and make rules in their jurisdiction that
the county committees have to fill county vacancies and to make rules.
In the event there is no county central committee in any county the
state central committee of the political party having no county central
committee in said county shall appoint a county central committee
therein to consist of committeemen and committeewomen as herein
provided and said county central committee shall have the same powers
and duties as county central committee elected, as now provided by
law.

(4) Said county and city central committee shall have the power
to make nomination to fill vacancies occurring among the candidates
of their respective parties nominated for city or county offices by the
primary nominating election where such vacancy is caused by death,
resignation or removal from the electoral district, but not otherwise.

(5) In each year when a President of the United States is to
be elected, said committee shall meet within fifteen (15) days after
the primary election herein provided for, and shall organize by electing
a chairman and one (1) or more vice-chairmen, provided that either
the chairman or first vice-chairman shall be a woman. They shall
also elect a secretary and such other officers as they shall think proper.
It shall not be necessary for such officers to be precinct committeemen
or committeewomen. They may select managing or executive com-
mittees and authorize such subcommittees to exercise any and all
powers conferred upon the county, city, state and congressional central
committees respectively by this law. The chairman of the county cen-
tral committee shall call said central committee meeting and not less
than ten (10) days before the date of said central committee meeting

—11—

shall publish said call in a newspaper published at the county seat and
shall mail a copy of the call, enclosing- a blank proxy, to each precinct
committeeman. No proxy shall be recognized unless held by an elector
of the precinct of the committeeman executing the same.

(6) The county chairman of the party shall preside at the county
convention. No person other than a duly elected or appointed com-
mitteeman, committeewoman, or officer of the committee shall be
entitled to participate in the |)roceedings of the committee. No proxy
shall be recognized unless held by an elector of the precinct of the
committeeman or committeewoman executing the same. In case of
the absence of any committeeman or committeewoman and his or her
duly appointed proxy, the convention may fill the vacancy by appointing
some qualified elector of the party, resident in the precinct, to rep-
resent such precinct in the convention.

(7) The county convention shall elect delegates and alternate
delegates to attend the state convention provided for herein, in a num-
ber equal to the total number of state senators and state represent-
atives elected from said county to the Legislative Assembly. That the
chairman and secretary of the county convention shall issue and sign
certificates of election of said delegates.

As amended by Chapter 266, Laws of 1955.

"23-932. Candidates to Formulate State Platform. The candidates
for the various state offices, and for the United States senate, repre-
sentatives in Congress and the legislative assembly nominated by each
political party at such primary, and senators of such political party,
whose term of office extends beyond the first Monday in January of
the year next ensuing, and the members of the state central committee
of such political party, shall meet at the call of the chairman of the
state central committee not later than September fifteenth next pre-
ceding any general election. They shall forthwith formulate the state
platform of their party. They shall thereupon proceed to elect a chair-
man and vice chairman, provided that either the chairman or vice chair-
man shall be a woman, of the state central committee and perform such
other business as may properly be brought before such meeting."

As amended by Chapter 8, Laws of 1953.

"23-1002. (673.2) EXCLUSIVE METHOD OF SELECTING
PRESIDENTIAL ELECTORS AND DELEGATES TO NATIONAL PO-
LITICAL CONVENTIONS— COMMITTEEMEN AND CHAIRMAN.
All political parties in Montana shall hereafter nominate their presi-
dential electors and elect their delegates to national conventions in the
manner provided by this Act. It shall be the duty of each political
party to select in each county in the state in such manner as is now
provided by law, or by the rules of the party in case the law does not
so provide, a precinct committeeman and precinct committeewoman
for each election precinct, a county chairman in each county and a
state chairman.

As amended by Chapter 266, Laws of 1955.

23-1003 to 23-1005 Repealed

"Section 23-1006 (673.6) TIME OF STATE CONVENTION
ELECTION OF PRESIDENTIAL ELECTORS AND DELEGATES TO
NATIONAL CONVENTION. Not later than fifteen (15) days after
said county convention and on a date set by the chairman of the state

—12—

central conimittt'e, the delegates (or alternate delegates, in case any
elected delegate cannot attend), shall hold a state convention at the
state capital in Helena, Montana, for the purpose of electing delegates
and alternates to the national convention of the parties and presiden-
tial electors. That the delegates and alternate delegates to the national
conventions of each political party shall consist of three (3) delegates
from each of the congressional districts, and the remaining delegates
and alternates from the state at large. That the delegates and alter-
nate delegates so elected shall support the candidate whose candidacy
is preferred as a result of the within primary until released by said
candidate or unless said candidate shall not be nominated by said na-
tional convention or shall receive less than twenty percent (20%) of
the total votes cast on any ballot.

As amended by Chapter 266, Laws of 1955.

"23-1007. (673.7) CONDUCT OF STATE CONVENTION. Said
state convention shall be conducted in accordance with the party rules,
subject, however.to the following requirements:

The chairman of the state central committee shall call the state
convention and shall publish the call at least once in a newspaper
published at the seat of the government. Said call shall be published
not less than ten (10) days, and a copy of the call shall be mailed to
the county chairman in each county. The chairman of the state central
committee shall preside over the convention and, together with a sec-
retary chosen bv the convention, shall sign certificates of election,
which shall be delivered as credentials to the several persons elected
by the convention as delegates to the national convention of said
party, and certificates of nomination for presidential electors for said
party which shall be filed with the Secretary of State. Only regularly
elected delegates or alternates shall be entitled to sit in said convention
or participate in its proceedings and no proxies shall be recognized
by the convention. In case of the absence of a member or members
of the delegation elected from any county the delegates present for
said county shall be entitled to cast a number of votes equal to the
number of delegates elected to the convention from said county.

As amended by Chapter 266, Laws of 1955.

"23-1008 (673.8) PAYMENT OF CONVENTION EXPENSES.
The entire expense of conducting the county and state conventions
herein provided for shall be defrayed by the several political parties,
except that each elected delegate or alternate who shall attend the
state convention and participate therein shall receive the sum of seven
(7) cents per mile for each mile actually travelled by him in going to
and returning from said convention, said mileage to be computed by
the shortest practicable route, and to be paid out of the general funds
of the county in the same manner as other election expenses."

As amended by Chapter 266, Laws of 1955.

"23-1109. Columns and Material to Be Printed on Ballot. Each
ballot shall contain at the top the stub as provided by section 23-1114,
and directly undei-neath the perforated line shall be the following words
in bold face type, 'VOTE IN ALL COLUMNS'. Each ballot shall con-
tain three (3) columns. At the head of the first column to the left
shall be the words, 'STATE AND NATIONAL', in large bold face type,
followed by a list of all candidates for state and national offices, in-
cluding supreme court justices, and district court judges, and such list

—13—

shall progressively continue on to the top of the second column. Fol-
lowing the list of state and national candidates shall be the words
'COUNTY AND TOWNSHIP', in large bold face type, and beneath such
heading shall be listed all candidates for the legislative assembly, county
and township offices and such list shall progressively continue on to the
top of the third column. Following the list of county and towTiship
candidates shall be the words 'INITIATIVES, REFERENDUMS, AND
CONSTITUTIONAL AMENDMENTS,' in large bold face type, and
listed thereunder shall be all proposed constitutional amendments and
measures to be voted on by the people at such election which do not
involve the creation of any state levy, debt or liability. In case there
are no such measures to be submitted, the said heading entitled 'INITIA-
TIVES, REFERENDUMS, AND CONSTITUTIONAL AMENDMENTS,'
SHALL be eliminated. Every ballot shall be so printed that all matter
heretofore required to be printed on each ballot shall be equally appor-
tioned among the three columns as nearly as possible in the order here-
tofore and hereafter specified. All such measures which involve the
creation of a state levy, debt or liability shall be submitted to the
qualified voters upon a separate official ballot in substantial conformity
with the form provided for by section 23-1112, for the submission of
such measures."

As amended by Chapter 72, Laws of 1953.

"23-1110. Words to Be Printed. At the bottom of the first and
second column to the left shall be the words, 'VOTE IN THE NEXT
COLUMN'. Likewise, at the top of the second column shall be the
words 'STATE AND NATIONAL (continued)' and at the top of the
third colunm shall be the words 'COUNTY AND TOWNSHIP (contin-
ued)' to indicate the continuation of the list of candidates under each
respective heading to the following column if after all the printed mat-
ter is equally apportioned among the three columns, one column is
insufficient to contain all the candidates listed under each of the afore-
mentioned headings."

As amended by Chapter 72, Laws of 1953.

"23-1112. Ballot to Facilitate Expression of Voter's Choice. In
case of a short term and a long term election for the same office, the
long term office shall precede the short term. The ballots shall be so
printed as to give each voter a clear opportunity to designate his
choice of candidates by a cross mark, (X) in a square at the left of
the name of each candidate. Above each group of candidates for each
office shall be printed the words designating the particular office in
bold face capital letters and directly underneath the words, 'VOTE
FOR' followed by the number to be elected to such office. As nearly
as possible the ballot shall be in the following form:

-14—

(Stub hereinafter provided for by Section 23-1114)

Perforated Line

VOTE IN ALL COLUMNS

STATE AND NATIONAL

FOR PRESIDENTIAL
ELECTORS TO VOTE FOR
PRESIDENT AND VICE
PRESIDENT OF THE
UNITED STATES.

VOTE FOR ONE

Democrat for President
of The United States

JOHN DOE

For Vice President

of The United

States

RICHARD ROE

For Presidential Electors:
Jane Doe; Helen Doe; Pete
Moe; Milton Moe

(Same with other candidates
for President and Vice
President together -with
blank space for write-in)

FOR UNITED STATES
SENATOR

VOTE FOR ONE

n FRANK ROE Democrat
n GUY ROE Republican

D

(Same for Congressmen,
Governor, Lieut. Governor,
Secretary of State, Attorney
General, State Treasurer,
State Auditor, Railroad and
Public Service Commission-
ers, State Superintendent of
Public Instruction, and
Clerk of t he Supreme
Court)

VOTE IN NEXT COLUMN

STATE AND NATIONAL

(Continued)

FOR CHIEF JUSTICE OF
THE SUPREME COURT

VOTE FOR ONE

D RICHARD K. O'DOE
(Nominated without
Party designation)

n TOM ROW

(Nominated without
Party designation)

D

(Continued in like manner
for Associate Justice and
Judges of the District
Court.)

COUNTY AND TOWNSHIP

FOR STATE SENATOR
VOTE FOR ONE

n BILL DOE
G JOHN ROE
□ -

Republican
Democrat

FOR MEMBER OF THE

HOUSE OF

REPRESENTATIVES

VOTE FOR TWO

n AL JOHNSON Republican
n JIM SPARKS Democrat
n JACK SMITH Republican
n DAN MARTIN Democrat

□

VOTE IN NEXT COLUMN

COUNTY AND TOWNSHIP
(Continued)

{Continued in like manner
for all County and Town-
ship Officers)

INITIATIVES, REFEREN-
DUMS AND CONSTITU-
TIONAL AMENDMENTS

CONSTITUTIONAL
AMENDMENTS

n For the Amendment

Q Against the Amendment

REFERENDUM NO. 1

□ For Referendum No. 1
n Against Ref. No. 1

INITIATIVE NO. 1

□ For Referendum No. 1

□ Against Ref. No. 1

As amended by Chapter 72, Laws of 1953.

—15—

"Section 23-1202. (689) Time of Opening and Closing of Polls.
The polls must be opened at eight o'clock on the morning of election
day and must be kept open continuously until eight o'clock P. M. of
said day, when the same must be closed; provided that in precincts
having less than one hundred (100) registered electors the polls must
be opened at one o'clock in the afternoon of election day and must be
kept open continuously until eight o'clock P. M. of said day, when they
must be closed; provided, further, that whenever all registered electors
in any precinct have voted the polls shall be immediately closed."

As amended by Chapter 207, Laws of 1955.

"23-1302. (716) APPLICATION OF ABSENTEE OR PHYSIC-
ALLY INCAPACITATED PERSON FOR BALLOT. At any time with-
in forty-five (45) days next preceding such election, any voter expecting
to be absent on the day of election from the county in which his voting
precinct is situated, or serving in the armed services of the United States
or in the Merchant Marines of the United States, or who is a civilian
outside the United States officially attached to and serving with the
Armed Forces of the United States, or who as a result of physical in-
capacity, in all probability will be unable to attend his voting precinct
poll as made to appear by the certificate of a physician licensed under
the laws of Montana, plainly stating the nature of the physical inca-
pacity of the applicant, and certifying (a) that such incapacity will
continue beyond the day of the election for which the application is
made; (b) to the extent of reasonably preventing applicant from
going to the polls, bodily health considered, may make application to
the county clerk of such county, or to the city or town clerk, in the
case of a municipal, general, or primary election, for an official ballot
or official ballots to be voted at such election as an absent of physically
incapacitated voter's ballot or ballots."

As amended by Chapter 104, Laws of 1953.

"23-1303 (717) FORM OF APPLICATION. Application for such
ballots shall be made on a blank furnished by the county clerk of the
county of which the applicant is an elector, or the city or town clerk,
if it be municipal, general, special or primary election, and shall be in
substantially the following form:

"I, , a duly qualified elector

of the precinct, in the county of

and State of Montana, and am to the best of my knowledge and belief
entitled to vote in such precinct in the next election, expecting to be
absent from said county or, in all probability, to be physically inca-
pacitated from going to my precinct poll on the day for holding such
election, hereby make application for an official ballot to be voted by
me at the said election.

Post office address to which ballot is to be mailed

State of ) ss.

County of )

On this day of , personally ap-
peared before me , who being first duly sworn,

—16—

deposes and says that he is the person who signed the foregoing ap-
plication, that he has read and knows the contents of same and knows
to his own knowledge the matters and things therein stated are true.

"This application must be subscribed by the applicant and sworn
to before some officer authorized to administer oaths, and the appli-
cation shall not be deemed complete without this affidavit.

"Provided that application for such ballot by any voter in the armed
services of the United States or in the merchant marines of the United
States, or who is a civilian outside the United States officially attached
to and serving with the armed forces of the United States may be made
by a written request, signed by said applicant, addressed to the county
clerk of the county of residence of said voter."

As amended by Chapter 152, Laws of 1955.

"23-1307. (721) Marking and Swearing to Ballot by Elector.
Such voter shall make and subscribe the said affidavit before an officer
authorized by law to administer oaths, and who has an official seal,
and may do so at any place in the state of Montana, or in any other
state or territory of the United States, before any officer authorized
by the laws of this state to take acknowledgments of instruments
without the state, and such voter shall thereupon, in the presence of
such officer and of no other person, mark such ballot or ballots, but
in such manner that such officer cannot see the vote, and such ballot
or ballots thereupon, in the presence of such officer, shall be folded by
such voter so that each ballot shall be separate, and so as to conceal
the vote, and shall be, in the presence of such officer, placed in such
envelope securely sealed. Said officer shall thereupon append his sig-
nature and official title and affix his seal at the end of said jurat and
affidavit. Said envelope shall be mailed by such absent or physically
incapacitated voter, postage prepaid, or delivered to the county or city
or town clerk, as the case may be.

As amended by Chapter 60, Laws of 1953.

"75-3913. (1224.13) Conduct of Election— Voting by Absent
Electors. The bond election shall be conducted in the manner pre-
scribed for the election of school trustees and return shall be made
and canvassed in a similar manner. Any qualified elector entitled to
vote at any school bond election who is absent from the county or who
is physically incapacitated from attending the polling place at such
election may vote thereat by complying with the provisions of Chapter
13 of Title 23 of the Revised Codes of Montana, 1947, as amended, ex-
cept that the application of an absentee or physically incapacitated
person for ballot may be made at any time within fifteen (15) days
next preceding such bond election."

The school district clerk whose duty it is to cause the ballots to be
prepared for the bond election shall furnish the county clerk with a
supply of ballots prior to the fifteenth day next preceding the election
for the use of the county clerk in furnishing ballots to applicants for
absent voters' ballots.

The county clerk shall deliver to the judges of election at the
opening of the polls all absent voters' ballots that he shall have re-
ceived up to that time from absent or physically incapacitated electors.

—17—

The procedure set out in Chapter 13 of Title 23 of the Revised Codes
of Montana, 1947, as amended, shall apply to the voting by absent
electors with respect to school bond elections.

As amended by Chapter 203, Laws of 1955.

"93-302 (8813) NUMBER OF JUDGES. In each judicial dis-
trict there must be the following' number of judges of the Disti-ict
Court, who must be elected by the qualified voters of the district, and
whose term of office must be four (4) years, to-wit: In the first,
second, fourth, eighth, and sixteenth, two judges each, in the thirteenth,
three judg-es and, in all other districts, one judge each.

Appointment of Judge. That, on or before July 1, 1955, the Gov-
ernor of this State shall designate and appoint a judge of the said
thirteenth Judicial district who shall hold office until the next general
election and until his successor is elected and qualified."

As amended by Chapter 18, Laws of 1955.

CHAPTER 75

HOUSE BILL NO. 289

AN ACT PROVIDING FOR THE DISPENSING OF A GENERAL
ELECTION IN CITIES OPERATING UNDER THE COMMISSION-
MANAGER FORM OF GOVERNMENT WHEN THE NOMINATIONS
DO NOT EXCEED THE OFFICES TO BE FILLED AND REPEALING
ALL ACTS AND PARTS OF ACTS IN CONFLICT THEREWITH.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF THE
STATE OP MONTANA:

Section 1. Dispensing of General Election. Whenever, in any
city operating under a commission-manager form of government at a
primary election held in accordance with section 11-3215, the number
of nominees shall not exceed the number of officers to be elected, then
such nominees shall be deemed duly elected to the respective offices.
Then, in that event, no general municipal election shall be held in said
city for said year. All matters, other than the election of officers, upon
which the general public shall vote shall be disposed of at the primary
election unless a special election is held for that purpose.

Section 2. All acts and parts of acts in conflict herewith are
hereby repealed.

Approved February 27, 1955.

-18-

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